| The following draft minutes are scheduled for approval at the next regular City Council meeting. |
| MINUTES |
| City of Modesto CITY COUNCIL MEETING Chambers, Basement Level Tenth Street Place, 1010 10th Street Modesto, California |
| Tuesday, February 24, 2009, at 5:30 p.m. |
| Roll Call – Present : Councilmembers Hawn, Lopez, Marsh, O’Bryant, Olsen, Mayor Ridenour |
| Absent: Keating |
| Pledge of Allegiance to the Flag |
| Invocation: Gayleen Terry, First Baptist Church |
| City Clerk’s Announcements: Item 7 Removed from Consent |
| Declaration of Conflicts of Interest: Marsh – Item 3 |
| Reports from Closed Session: City Attorney Wood reported on Closed Session matters. |
| MISCELLANEOUS | ||
| Legislation | ||
| Appointments | ||
| Other | ||
| 1. | Consider appointing Kent Faulkner to the Landmark Preservation Commission as the Culture Commission's representative. (Funding Source: Not Applicable) | |
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| City Manager; Esther Puckett, 571-5101, epuckett@modestogov.com | ||
| ACTION | Resolution 2009-079 (Hawn/Olsen;unan Keating absent) appointing Kent Faulkner to the Landmark Preservation Commission as the Culture Commission's representative. | |
| PUBLIC COMMENT PERIOD | ||
| None. | ||
| CONSENT ITEMS – ROLL CALL VOTE REQUIRED: Items 2 through 12 | ||
| ACTION CONSENT ITEMS 2; 4-6; 8-12: (Lopez/Hawn;unan. Keating absent) | ||
| ACTION CONSENT ITEMS 3: (Hawn/Lopez;unan. Keating,Marsh absent) | ||
| ACTION CONSENT ITEMS 7: (Marsh/Hawn;unan Keating absent | ||
| CONSENT ITEMS | ||
| An item may be removed from consent and discussed at the request of an audience member or Councilmember. | ||
| Consent | ||
| 2. | Consider approving the minutes of the regular City Council meeting of February 10, 2009. (Funding Source: Not Applicable) | |
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| City Clerk; Stephanie Lopez, 577-5396, slopez@modestogov.com | ||
| ACTION | Motion (Lopez/Hawn;unan. Keating absent) approving the Minutes of the City Council meeting of February 10, 2009. | |
| Consent - Councilmember Marsh absent due to conflict of interest | ||
| 3. | Consider approving a Resolution denying the Appeal of Mika Telecom on behalf of Omnipoint Communications dba T-Mobile to a Board of Zoning Adjustment decision denying a Conditional Use Permit for a 75’ cellular tower located at 3120 McHenry Avenue pursuant to Council's decision at the February 3, 2009 meeting. (Funding Source: Not Applicable) | |
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| Community & Economic Development; Katharine Martin, 577-5267, kmartin@modestogov.com | ||
| ACTION | Resolution 2009-080 (Lopez/Hawn;unan. Keating,Marsh absent) denying the Appeal of Mike Telecom on behalf of Omnipoint Communications dba T-Mobile to a Board of Zoning Adjustment decision denying a Conditional Use Permit for a 75’ cellular tower located at 3120 McHenry Avenue. | |
| Consent | ||
| 4. | Consider adopting a resolution of intention to annex territory to City of Modesto Community Facilities District No. 2007-2 (Kiernan Business Park West) (“CFD No. 2007-2”) and to authorize the levy of special taxes therein (Annexation No. 1). (Funding Source: Community Facilities Fees) | |
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| Community & Economic Development; Tina Rocha, 577-5211, trocha@modestogov.com | ||
| ACTION | Resolution 2009-081 (Lopez/Hawn;unan. Keating absent) of intention to annex territory to City of Modesto Community Facilities District No. 2007-2 (Kiernan Business Park West) and to authorize the levy of special taxes therein | |
| Consent | ||
| 5. | Consider granting a one-time exception to the Tivoli Specific Plan to permit construction of a 4,900 sq. ft. agricultural storage building at 3941 Roselle Avenue and not require the parcel to form a Community Facilities District (CFD) in the Tivoli Specific Plan area at this time. (Funding Source: Not Applicable) | |
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| Community & Economic Development; Amy Gedney, 577-5211, agedney@modestogov.com | ||
| ACTION | Resolution 2009-082 (Lopez/Hawn;unan. Keating absent) granting a one-time exception to the Tivoli Specific Plan to permit construction of a 4,900 square foot agricultural storage building at 3941 Roselle Avenue and to not require the parcel to form a Community Facilities District (CFD) in the Tivoli Specific Plan area at this time | |
| Consent | ||
| 6. | Consider approving and authorizing (i) the submission of the Fiscal Year (FY) 2007-2008 Local Transportation Fund (LTF) Non-transit Claim reflecting the amount of $552,785 for the FY 2007-2008 allocation and carryover LTF funding in the amount of $3,080,898 to the Stanislaus Council of Governments (StanCOG), (ii) the submission of the Fiscal Year (FY) 2008-2009 Local Transportation Fund (LTF) Non-Transit Claim reflecting the amount of $1,393,154 for the FY 2008-2009 allocation and carryover LTF funding in the amount of $993,026 to the Stanislaus Council of Governments (StanCOG). Funding Source: Funding Source: Local Transportation Funds allocated by StanCOG) | |
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| Finance; Michael Clipper, 571-5118, mclipper@modestogov.com | ||
| ACTION | Resolution 2009-084 (Lopez/Hawn;unan. Keating absent) approving and authorizing submission of the FY 2007-2008 Local Transportation Fund (LTF) non-transit claim for $552,785 and carryover LTF in the amount of $3,080,898 to the Stanislaus Council of Governments (StanCOG). | |
| ACTION | Resolution 2009-085 (Lopez/Hawn;unan. Keating absent) approving and authorizing submission of the FY 2008-2009 Local Transportation Fund (LTF) non-transit claim for $1,393,154 and carryover LTF in the amount of $993,026 to the Stanislaus Council of Governments (StanCOG). | |
| Removed from Consent | ||
| 7. | Consider approving the removal of the landmark status from Fire Station 2, located at 629 2nd Street as recommended by the Landmark Preservation Commission and disposal of the site. (Funding Source: General Fund Revenue) | |
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| Fire Department; Lori Martinez, 209-572-9590, lmartinez@modestogov.com | ||
| ACTION | Motion (Marsh/Hawn;unan Keating absent) directing staff to return to Council. | |
| Consent | ||
| 8. | Consider approving six (6) students from Modesto high schools be appointed to the City of Modesto Youth Commission for a two (2) year term. (Funding Source: Not Applicable) | |
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| Parks, Recreation & Neighborhoods; Ruth-Helen King, 341-2983, rhking@modestogov.com | ||
| ACTION | Resolution 2009-086 (Lopez/Hawn;unan. Keating absent) approving the appointment of six (6) students from Modesto high schools to the City of Modesto Youth Commission for a two (2) year term ending February 24, 2011. | |
| Consent | ||
| 9. | Consider (i) approving the Party Patrol Agreement with the County of Stanislaus Behavioral Health and Recovery Services (BHRS) in the amount of $41,500 and (ii) amending the multi-year budget estimating revenue at $41,500 for overtime and reimbursement for the Party Patrol Agreement. (Funding Source: 0420 Agreements) | |
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| Police; James Rokaitis, 572-9606, rokaitisj@modestopd.com | ||
| ACTION | Resolution 2009-086 (Lopez/Hawn;unan. Keating absent) approving an Agreement with the County of Stanislaus Behavioral Health and Recovery Services (BHRS) in the amount of $41,500 to provide Party Patrol Police Officers to conduct juvenile alcohol education, prevention and intervention programs for the City of Modesto and Stanislaus County, and authorizing the City Manager, or his designee, to execute all necessary documents. | |
| ACTION | Resolution 2009-087 (Lopez/Hawn;unan. Keating absent) amending the multi-year budget estimating revenue of $41,500 for overtime and reimbursement for the Party Patrol Agreement with the County of Stanislaus Behavioral Health and Recovery Services (BHRS). | |
| Consent | ||
| 10. | Consider approving (i) an agreement with Blackburn Consulting for construction management and inspection services of the Emerald Trunk Rehabilitation project in an amount not to exceed $886,395.02, (ii) approving a budget amendment in the amount of $200,000 in order to fully fund the agreement for construction management and inspection services of the Emerald Trunk Rehabilitation project. (Total estimated project cost: $11,670,784.02) (Funding Source: Wastewater Fund) | |
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| Public Works; Kris Ohlson, 577-5423, kohlson@modestogov.com | ||
| ACTION | Resolution 2009-088 (Lopez/Hawn;unan. Keating absent) approving an Agreement with Blackburn Consulting for construction management and inspection services of the Emerald Trunk Rehabilitation project in an amount not to exceed $886,395.02, and authorizing the City Manager, or his designee, to execute the Agreement. | |
| ACTION | Resolution 2009-089 (Lopez/Hawn;unan. Keating absent) amending the Fiscal Year 2008-2009 Capital Improvement Program budget in order to fully fund the Agreement for construction management and inspection services of the Emerald Trunk Rehabilitation project | |
| Consent | ||
| 11. | Consider approving an agreement with WRA, Inc. for pre-construction biological survey services of the Primary Outfall Rehabilitation project in an amount not to exceed $10,300. (Total estimated project cost: $24,516,835) (Funding Source: Wastewater Fund) | |
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| Public Works; Violet Jakab, 571-5869, vjakab@modestogov.com | ||
| ACTION | Resolution 2009-090(Lopez/Hawn;unan. Keating absent) approving an Agreement with WRA, Inc. for pre-construction biological survey services of the Primary Outfall Rehabilitation project in an amount not to exceed $10,300, and authorizing the City Manager, or his designee, to execute the Agreement. | |
| Consent | ||
| 12. | Consider accepting the work by Teichert Construction for the project titled “Tuolumne River Regional Park Gateway Phase 1.2” as complete and authorizing payment of amounts totaling $2,683,866.97. (Total estimated project cost is $3,372,315.51) (Funding Source: California State Proposition 50) | |
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| Public Works; Kris Ohlson, 577-5423, kohlson@modestogov.com | ||
| ACTION | Resolution 2009-091 (Lopez/Hawn;unan. Keating absent) accepting the work by Teichert Construction for the project titled “Tuolumne River Regional Park Gateway Phase 1.2” as complete, authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder and to release securities upon expiration of statutory periods, and authorizing payment of amounts totaling $2,683,866.97. | |
| COUNCIL COMMENTS & REPORTS | ||
| 13. | Councilmember Dave Lopez will report on the program “Partners in Paint” for Council discussion, consideration and potential direction to staff. (Funding Source: Not Applicable) | |
| City Clerk; Stephanie Lopez, 577-5396, slopez@modestogov.com | ||
| ACTION | Motion (Hawn/Olsen;unan. Keating absent) directing staff to return to Council with financing and staffing necessary for the program “Partners in Paint.” | |
| CITY MANAGER COMMENTS & REPORTS | ||
| None. | ||
| WRITTEN COMMUNICATIONS | ||
| 14. | Consider a letter from Arturo Mendoza regarding lifting the cruising ban in Modesto with limitations. (Funding Source: Not Applicable) | |
| City Clerk; Stephanie Lopez, 577-5396, slopez@modestogov.com | ||
| ACTION | Motion (Hawn/Lopez;unan. Keating absent) directing staff to return to Council with legal and enforcement information to lift the cruising ban in Modesto with limitations. | |
| HEARINGS | ||
| Published in the Modesto Bee on February 3, 2009 | ||
| 15. | Hearing to consider (i) introducing an Ordinance adding Chapter 10 entitled “Award of Non-Consensual Towing contracts” to Title 3 of the Modesto Municipal Code granting awards for Non-Exclusive Non-Consensual Franchise Towing Services applications received for City Generated Non-Exclusive Non-Consensual Franchise Towing Services (RFA No.0708-10) and the awarding of non-exclusive franchise tow contracts, pursuant to Modesto Municipal Code Sections 11-2.01 et seq. and following, and (ii) a budget amendment in the amount of $290,000 to reduce the General Fund Revenue due to delayed implementation of the Franchise Tow Program. (Funding Source: General Fund/Franchise Tow) | |
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| Police; William Ryan, 342-9129, ryanw@modestopd.com | ||
| ACTION | Motion (Marsh/Olsen;unan. Keating absent) introducing Ordinance 3504-C.S. adding Chapter 10 entitled “Award of Non-Consensual Towing Contracts” to Title 3 of the Modesto Municipal Code. | |
| ACTION | Resolution 2009-092 (Marsh/Olsen;unan. Keating absent) amending the Fiscal Year 2008/2009 Operating Budget reducing General Fund Revenues by $290,000 due to delayed implementation of the Franchise Tow Program. | |
| Published in the Modesto Bee on January 31, 2009; continued from February 10, 2009 | ||
| 16. | Hearing to consider separate appeals of David Romano and Dennis Wilson to a decision by the Planning Commission denying their respective appeals of an administrative site plan approval for a proposed retail center located at the north side of Pelandale Avenue, east of Chapman Road. Also to be considered is an appeal of Dennis Wilson to the Planning Commission decision approving a tentative parcel map on the same site. (Funding Source: Not Applicable) | |
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| Community & Economic Development; David Wage, 577-5267, dwage@modestogov.com | ||
| ACTION | Resolution 2009-093 (Olsen/Hawn;unan. Keating absent) granting the appeal of Dave Romano on behalf of John Johannson to a Planning Commission decision to deny an appeal of an administrative approval of a revised site plan for Planned Development Zones, P-D(537) and P-D(540), property located on the north Side of Pelandale Avenue, east of Chapman Road). | |
| ACTION | Resolution 2009-094 (Olsen/Hawn;unan. Keating absent) denying the appeal of Dennis Wilson on behalf of Madeline Roddy to a Planning Commission decision to deny an Appeal of an Administrative Approval of a revised site plan for Planned Development Zones, P-D(537) and P-D(540), property located on the north side of Pelandale Avenue, east of Chapman Road. | |
| ACTION | Resolution 2009-095 (Olsen/Hawn;unan. Keating absent) denying the appeal of Dennis Wilson on behalf of Madeline Roddy to a Planning Commission Decision to approve a vesting tentative parcel map, property located on the north side of Pelandale Avenue, east of Chapman Road. | |
| MATTERS TOO LATE FOR THE AGENDA | ||
| None. | ||
| ADJOURNMENT | ||
| This meeting adjourned at 8:05 p.m. | ||
| CLOSED SESSION | ||
| All Closed Session Matters Heard Prior to Meeting | ||
| CONFERENCE WITH REAL PROPERTY NEGOTIATOR: (Pursuant to Section 54956.8 of the Government Code) Property: Potential lease of property located at: City/County Airport Sky Trek Aviation 825 Airport Way, Hangar #6, APN: 039-010-001 Negotiating party: Dennis Turner for the City of Modesto Under negotiation: Terms for lease of subject property | ||
| CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION One Case (Pursuant to Section 54956.9(a) of the Government Code) Name of Case: Kevin Borden v. City of Modesto, et al. United States District Court, Case No. 1:08-CV-01061-AWI-SMS | ||
| CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION One Case (Pursuant to Section 54956.9(a) of the Government Code) Name of case: Gary D. Devine v. City of Modesto, et al. Stanislaus County Superior Court, Case No. 611099 | ||
| CONFERENCE WITH LABOR NEGOTIATOR: (Pursuant to Section 54957.6 of the Government Code) - MCEA Agency Negotiators: Greg Nyhoff, City Manager, Barbara Santos, Deputy Director, Human Resources; Employee Organization: Modesto City Employees Association | ||
| CONFERENCE WITH LABOR NEGOTIATOR: (Pursuant to Section 54957.6 of the Government Code) – MCMA Agency Negotiators: Greg Nyhoff, City Manager, Robin Renwick, Human Resources Director; Employee Organization: Modesto Confidential & Management Association | ||
| CONFERENCE WITH LABOR NEGOTIATOR: (Pursuant to Section 54957.6 of the Government Code) – MPOA Agency Negotiators: Greg Nyhoff, City Manager, Robin Renwick, Human Resources Director; Employee Organization: Modesto Police Officers’ Association | ||
| CONFERENCE WITH LABOR NEGOTIATOR: (Pursuant to Section 54957.6 of the Government Code) – MPNSA Agency Negotiators: Greg Nyhoff, City Manager, Robin Renwick, Human Resources Director; Employee Organization: Modesto Police Non Sworn Association | ||
| CONFERENCE WITH LABOR NEGOTIATOR: (Pursuant to Section 54957.6 of the Government Code) – Unrepresented Agency Negotiators: Greg Nyhoff, City Manager, Robin Renwick, Human Resources Director; Employee Organization: Unrepresented Management and Confidential Employees | ||
| CONFERENCE WITH LABOR NEGOTIATOR: (Pursuant to Section 54957.6 of the Government Code) –MPMA Agency Negotiators: Greg Nyhoff, City Manager, Robin Renwick, Human Resources Director; Employee Organization: Modesto Police Management Association | ||
| CONFERENCE WITH LABOR NEGOTIATOR: (Pursuant to Section 54957.6 of the Government Code) - MCFFA Agency Negotiators: Greg Nyhoff, City Manager, Robin Renwick, Human Resources Director; Employee Organization: Modesto City Firefighters Association | ||
| Attest:______________________________ | ||
| Stephanie Lopez, City Clerk | ||